The patent war between Samsung and Apple has been long and, to whatever extent possible, bloody, with both sides seeing some victories and defeat. Ultimately, Samsung has suffered some major financial blows, and now Apple wants to add upon that burden, filing a motion to have the Korean company take on some of its legal fees — to the tune of $15.7 million.
That’s not the sum total of Apple’s legal fees, with it representing less than 30-percent, according to the document that was filed. This is regarding a case that kicked off quite a while ago up through March, which is the stopping point at which Apple is including in its attorney fee figures. As part of its seeking, Apple is using the Lanham Act, which allows for payment of a certain portion of legal fees in what is regarded as exceptional cases.
The question, then, is whether this case falls under the Lanham Act’s definition of an exceptional case, which Apple believes it does. The qualifying factor is a willful, fraudulent, and deliberate act, and Apple has made it quite clear that it feels Samsung’s actions fall under this requirement.
On one hand, Apple points out the Relative Evaluation Report from Samsung showing it discussing elements of the iPhone and, according to the filing, seeking ways to make its own devices function in a similar manner. It also says that there is ample evidence that Samsung’s infringements were deliberate, with Apple having a victory on 26 of 28 named products. Samsung hasn’t commented on the matter.